Department of labour

DEPARTMENT OF LABOUR

No. R Date

BASIC CONDITIONS OF EMPLOYMENT ACT, NO 75 0F 1997

SECTORAL DETERMINATION 9: WHOLESALE AND RETAIL SECTOR,

SOUTH AFRICA

I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, in terms of section 51 (1) of the Basic Conditions of Employment Act, No. 75 of 1997, make a Sectoral Determination establishing conditions of employment and minimum wages for employees in the Wholesale and Retail Sector, South Africa, which appears in the schedule hereto and determine 1 February 2003 as the date from which the provisions of this Sectoral Determination shall be binding.

M M S MDLADLANA, MP

MINISTER OF LABOUR

DEPARTEMENT VAN ARBEID

No. R. Date

WET OP BASIESE DIENSVOORWAARDES, NO 75 VAN 1997

SEKTORALE VASSTELLING 9: GROOT- EN KLEINHANDELSEKTOR, SUID AFRIKA

Ek, Membathisi Mphumzi Shepherd Mdladlana, Minister van Arbeid, maak ingevolge artikel 51 (1) van die Wet op Basiese Diensvoorwaardes, No. 75 van 1997, `n Sektorale Vasstelling met diensvoorwaardes en mimimum lone vir werknemers ten opsigte van die Groot- en Kleinhandelsektor, Suid Afrika, wat in die bylae hier verskyn en bepaal 1 Februarie 2003 as die datum waarop die bepalings van hierdie Sektorale Vasstelling bindend word.

M M S MDLADLANA, LP

MINISTER VAN ARBEID

TABLE OF CONTENTS

DEPARTMENT OF LABOUR 1

BASIC CONDITIONS OF EMPLOYMENT ACT, NO 75 0F 1997 1

M M S MDLADLANA, MP 1

DEPARTEMENT VAN ARBEID 1

WET OP BASIESE DIENSVOORWAARDES, NO 75 VAN 1997 1

SEKTORALE VASSTELLING 9: GROOT- EN KLEINHANDELSEKTOR, SUID AFRIKA 1

M M S MDLADLANA, LP 1

MINISTER VAN ARBEID 1

PART A : APPLICATION 5

APPLICATION 5

PART B : WAGES 5

WAGES 5

PAYMENT OF REMUNERATION 8

INFORMATION CONCERNING REMUNERATION 8

DEDUCTIONS AND OTHER ACTS CONCERNING REMUNERATION 9

PART C : PARTICULARS OF EMPLOYMENT 10

WRITTEN PARTICULARS OF EMPLOYMENT 10

ORDINARY HOURS OF WORK 12

OVERTIME 13

(2) A written agreement – 13

(a) may increase the maximum permitted overtime to 15 hours a week; and 13

PAYMENT OF OVERTIME 13

COMPRESSED WORKING WEEK 13

MEAL INTERVALS 14

REST PERIODS 14

PAYMENT FOR WORK ON SUNDAYS 15

PUBLIC HOLIDAYS 16

ANNUAL LEAVE 17

SICK LEAVE 17

MATERNITY LEAVE 19

PROHIBITION OF CHILD LABOUR AND FORCED LABOUR 20

TERMINATION OF EMPLOYMENT 20

SEVERANCE PAY 22

CERTIFICATE OF SERVICE 22

PART H : GENERAL 23

ATTENDANCE REGISTER 24

TEMPORARY EMPLOYMENT SERVICES 24

DURATION OF EMPLOYMENT 24

KEEPING OF SECTORAL DETERMINATION 25

TABLE 1 29

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR 29

AREA A 29

Driver 29

Gross Vehicle mass 29

Gross Vehicle mass 29

Gross Vehicle mass 29

Gross Vehicle mass 29

TABLE 2 29

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR 29

AREA B 29

Gross Vehicle mass 30

Gross Vehicle mass 30

Gross Vehicle mass 30

Gross Vehicle mass 30

TABLE 3 30

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR 30

AREA C 30

Gross Vehicle mass 30

Gross Vehicle mass 30

Gross Vehicle mass 30

Gross Vehicle mass 30

TABLE 4 31

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR PREVIOUSLY EXCLUDED FROM THE SCOPE OF THE WAGE DETERMINATION 478, COMMERCIAL DISTRIBUTIVE TRADE, CERTAIN AREAS 31

AREA A 31

Gross Vehicle mass 31

Gross Vehicle mass 31

Gross Vehicle mass 31

Gross Vehicle mass 31

TABLE 5 32

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR PREVIOUSLY EXCLUDED FROM THE SCOPE OF THE WAGE DETERMINATION 478, COMMERCIAL DISTRIBUTIVE TRADE, CERTAIN AREAS 32

AREA B 32

Gross Vehicle mass 32

Gross Vehicle mass 32

Gross Vehicle mass 32

Gross Vehicle mass 32

TABLE 6 33

MINIMUM WAGES FOR EMPLOYEES IN THE WHOLESALE AND RETAIL SECTOR PREVIOUSLY EXCLUDED FROM THE SCOPE OF THE WAGE DETERMINATION 478, COMMERCIAL DISTRIBUTIVE TRADE, CERTAIN AREAS 33

AREA C 33

Gross Vehicle mass 33

Gross Vehicle mass 33

Gross Vehicle mass 33

Gross Vehicle mass 33

DEMARCATED AREAS FOR TABLES CLASSIFICATION 34

AREA A 34

Metropolitan and Local Municipality 34

AREA C 34

READ THIS FIRST 35

INTRUCTIONS 37

PAYSLIP 40

SUB TOTAL 41

PART A : APPLICATION

APPLICATION

1. (1) This determination applies to the employment of employees in the wholesale and retail sector in the Republic of South Africa.

2. 
   In this determination, the “wholesale and retail sector” means the sector in which employers and employees are mainly or wholly associated for the purpose of procuring products from any supplier or manufacturer for the purpose of sale to any person, whether on a wholesale or retail basis; and, in addition, includes –
   

1. 
   any other activities engaged in by an employer in the wholesale and retail sector including, but not limited to, merchandising, warehousing or distribution operations that are incidental to, or supportive of, the employer’s enterprise; and
   
2. 
   any other activity conducted by an employer whose core business falls within in the wholesale and retail sector on or at the premises where that business is conducted.
   

(3) This determination does not apply to employees –

1. 
   employed in activities covered by another sectoral determination in terms of the Basic Conditions of Employment Act; or
   
2. 
   covered by an agreement of a bargaining council in terms of the Labour Relations Act.
   

(4) Employees who work for an employer for 24 or less hours in a month –

a) must be paid at least the hourly rate set out in Tables 1 – 6 of this determination.

b) except as provided in paragraph (a), this determination does not apply to an employee who works for an employer for 24 hours or less in a month.

(5) The provisions of the Basic Conditions of Employment Act apply to all employees covered by this determination and their employers in respect of any matter not dealt with in this sectoral determination.